Section 5.

There shall be a Council of State, to consist of three members, any one or more of whom may act. They shall be elected by joint vote of both Houses of the General Assembly, and remain in office three years. But of those first elected, one, to be designated by lot, shall remain in office for one year only, and one other to be designated in like manner, shall remain in office for two years only. Vacancies occurring by expiration of the term of service, or otherwise, shall be supplied by elections made in like manner. The Governor shall, before he exercises any discretionary power conferred on him by the Constitution and laws, require the advice of the Council of State, which advice shall be registered in books kept for that purpose, signed by the members present and consenting thereto, and laid before the General Assembly when called for by them. The Council shall appoint their own Clerk, who shall take an oath to keep secret such matters as he shall be ordered by the board to conceal. The Senior Councillor shall be Lieutenant Governor; and, in case of the death, resignation, inability or absence of the Governor from the seat of Government, shall act as Governor.